LRB-1589/1
JEO:mfd:ch
1997 - 1998 LEGISLATURE
February 19, 1997 - Introduced by Senators Buettner, Huelsman, Welch,
Schultz, Weeden, Farrow, A. Lasee, Drzewiecki and Zien, cosponsored by
Representatives Walker, Otte, Duff, Skindrud, Hahn, Lazich, M. Lehman,
Staskunas, Brandemuehl, Goetsch, Powers, Gunderson, Plale, Owens,
Grothman, Seratti, Musser, Nass, Ladwig and Ott. Referred to Committee on
Judiciary, Campaign Finance Reform and Consumer Affairs.
SB79,1,2
1An Act to repeal 165.25 (3m) and 944.21 (7); and
to amend 59.55 (6) of the
2statutes;
relating to: review of obscenity prosecutions by the attorney general.
Analysis by the Legislative Reference Bureau
Under current obscenity law, there are penalties for selling or transferring
obscene material or producing or performing in an obscene performance and related
offenses. The district attorney may prosecute an obscenity violation only if he or she
has obtained the approval of the attorney general. This bill removes this
requirement to obtain the attorney general's approval before prosecuting these
violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB79, s. 1
3Section
1. 59.55 (6) of the statutes is amended to read:
SB79,1,84
59.55
(6) Regulation of obscenity. The board may enact an ordinance to
5prohibit conduct that is the same as that prohibited by s. 944.21.
A county may bring
6an action for a violation of the ordinance regardless of whether the attorney general
7has determined under s. 165.25 (3m) that an action may be brought. The ordinance
8may provide for a forfeiture not to exceed $10,000 for each violation.
SB79, s. 2
1Section
2. 165.25 (3m) of the statutes is repealed.
SB79, s. 3
2Section
3. 944.21 (7) of the statutes is repealed.
SB79,2,54
(1) This act first applies to offenses committed on the effective date of this
5subsection.
